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JAVED IQBAL WANI
Saif-ud-Din Mir – Appellant
Versus
University of Kashmir – Respondent
JUDGMENT :
1. To appreciate the gravamen of the controversy involved in the instant petition, exposition of facts in brief are detailed out hereunder:
• The petitioner herein along with one co-employee namely Mohd. Yasin Malik came to be appointed against the post of Deputy Registrar/Deputy Controller of Examination against the available post (internal quota) while working as Assistant Registrar/Assistant Controller of Examinations in the University in their own pay and grade for a period of six months in the first instance subject to the payment of charge allowances as admissible under rules in terms of order No. F(Promotio
The discretionary nature of the powers of the High Court under Article 226, absence of a fixed period for considering delay, and the principle of equality enshrined in the constitution were central l....
The main legal point established in the judgment is the entitlement of the petitioner, as a diploma holder, to the grade of Rs.5700-10100 retrospectively from the date of his initial appointment, emp....
The judgment established the principle that once employees are in one cadre, the distinction between direct recruits and promotees disappears, and no discrimination can be made thereafter in fixing t....
Long stop-gap higher duties despite unmet exam renders promotion/pension denial arbitrary under Art.14; notional relief for retiral benefits.
Recruitment and Promotion Rules - Promotion - Benefits of - A person, who performs duties of higher office, must get salary of same post. He cannot waive of his fundamental/legal right to get higher ....
The discretionary power to relax rules should be exercised sparingly to meet exceptional situations, and the principle of 'equal pay for equal work' applies to grant financial benefits for dischargin....
Promotion - There is no prayer in the petition challenging the seniority list. So, the issue of seniority cannot be gone into.
Promotions within public service must adhere to established criteria to uphold equality under Articles 14 and 16 of the Constitution, prohibiting arbitrary decisions that favor select individuals.
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